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DLA Home visits
- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 11 months ago #104966 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Can you please provide a source for your comments ?
Pain is subjective to each individual, and someone with a low pain threshold may truly experience severe pain. On the other hand, many with severe pain will often not complain about it.
Studies on pain have been carried out by the London Pain Clinic support this.
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic DLA Home visits
t is perfectly possible for someone to have high levels of pain but still have no care or mobility needs.
Can you please provide a source for your comments ?
Pain is subjective to each individual, and someone with a low pain threshold may truly experience severe pain. On the other hand, many with severe pain will often not complain about it.
Studies on pain have been carried out by the London Pain Clinic support this.
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Carol Devereux
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11 years 11 months ago - 11 years 11 months ago #104980 by Carol Devereux
Replied by Carol Devereux on topic DLA Home visits
Thank you Gordon the report to which I referred originally the was the first medical we under went at anAtos centre and this is the one they used to make the original decision on and that we got overturned on appeal 2011,we were asked to fill in a renewal form Dec 2012 and when we got the form back from the renewal forms result it said we had lost all of our entitlement to higher rate mobility and higher rate care and only awarded John lowest rate care, when we challenged this and asked what evidence they used to make their decision, they said the original medical report, renewal form and some extra reports and letters that we had submitted, as a result of the we asked for the case to be reconsidered which they duly did and came back with the same result, we then asked for this to go to tribunal as we think that they will be able to see him for themselves and maybe find in our favour. Can we get any form of representation to go with us to the tribunal please, we have tried CAB, Turn to Us to no avail
The report I said about in my earlier post today was the one from the Dr who came out to do the home visit and when we read the report several times he has contradicted himself in the early part of the report he says about the things John cannot do, as well as the things he needs assistance with and as you read on at the back of the report there is a checklist of items listing different activities and to everyone one of these he has answered does not need assistance??. He also stipulated that John does not suffer any muscle wastage, how would he know as he never asked him strip down so as he could see his legs.
Also we found out today that for no reason the have suspended the lowest rate care now as of the 15th May, we found this out through the ESA people when querying something else and not through DLA, can they do this without telling us first and are we entitled to an explantion,I would think we are, at the moment we have had no notification from DLA saying anything
Kind regards
Cornish Pysky
The report I said about in my earlier post today was the one from the Dr who came out to do the home visit and when we read the report several times he has contradicted himself in the early part of the report he says about the things John cannot do, as well as the things he needs assistance with and as you read on at the back of the report there is a checklist of items listing different activities and to everyone one of these he has answered does not need assistance??. He also stipulated that John does not suffer any muscle wastage, how would he know as he never asked him strip down so as he could see his legs.
Also we found out today that for no reason the have suspended the lowest rate care now as of the 15th May, we found this out through the ESA people when querying something else and not through DLA, can they do this without telling us first and are we entitled to an explantion,I would think we are, at the moment we have had no notification from DLA saying anything
Kind regards
Cornish Pysky
Last edit: 11 years 11 months ago by Gordon.
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11 years 11 months ago #104981 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA Home visits
CP
Thank you for clarifying what reports are being used.
Unfortunately, both the DWP and the Tribunal Service are entitled to use this new report as evidence, you need to challenge the statements on the report.
Think about whether the doctors comments derive from observation, for example you say that your husband did not dis-robe so the doctor could not have seen whether there was any reduction in his muscle bulk, or whether they could infer it from the questions they asked, again as example; if he sits in a chair for prolonged periods then muscle wastage might be a reasonable conclusion, but if your husband performed leg exercises when sitting, then it might not. You are looking to show that the doctors findings are not based on facts in evidence.
That said, marginalising the report will not win his claim, you also need to show that he has care and mobility needs and why.
You may be able to get representation but your options are limited, the bulk of the legal aid budget has been removed from appeals to the first tier Tribunal, but you can try the links in the following FAQ
Where to get advice?
I am guessing that the DWP have revised their original Decision on your husbands DLA claim as a result of this new report, this being the case, then you are entitled to have this Decision in writing, which you may also wish to appeal.
Gordon
Thank you for clarifying what reports are being used.
Unfortunately, both the DWP and the Tribunal Service are entitled to use this new report as evidence, you need to challenge the statements on the report.
Think about whether the doctors comments derive from observation, for example you say that your husband did not dis-robe so the doctor could not have seen whether there was any reduction in his muscle bulk, or whether they could infer it from the questions they asked, again as example; if he sits in a chair for prolonged periods then muscle wastage might be a reasonable conclusion, but if your husband performed leg exercises when sitting, then it might not. You are looking to show that the doctors findings are not based on facts in evidence.
That said, marginalising the report will not win his claim, you also need to show that he has care and mobility needs and why.
You may be able to get representation but your options are limited, the bulk of the legal aid budget has been removed from appeals to the first tier Tribunal, but you can try the links in the following FAQ
Where to get advice?
I am guessing that the DWP have revised their original Decision on your husbands DLA claim as a result of this new report, this being the case, then you are entitled to have this Decision in writing, which you may also wish to appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Carol Devereux
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11 years 11 months ago - 11 years 11 months ago #105036 by Carol Devereux
Replied by Carol Devereux on topic DLA Home visits
Good evening Gordon
Thank you very much for your help in clarifiying information for us.
I take it then that we have the right to refer to this latest report as well,if they are able to use it.
I will have a look at the link to the FAQ section that you highlighted for me to see if there is any help for us with this issue.
I have another point that you maybe be able to help me with, in one of your printable documents about decision makers and how they are arrive at certain decisions, e.g when carrying out a walking assessment wherever possible these should be carried out not indoors but outside as it gives a truer reflection of a persons condition, as John's carried out indoors from the sofa to my dinning room table where the doctor was seated and back a distance of 6 mts, even though the weather was dry and sunny on that day.
Thank you very much for your help in clarifiying information for us.
I take it then that we have the right to refer to this latest report as well,if they are able to use it.
I will have a look at the link to the FAQ section that you highlighted for me to see if there is any help for us with this issue.
I have another point that you maybe be able to help me with, in one of your printable documents about decision makers and how they are arrive at certain decisions, e.g when carrying out a walking assessment wherever possible these should be carried out not indoors but outside as it gives a truer reflection of a persons condition, as John's carried out indoors from the sofa to my dinning room table where the doctor was seated and back a distance of 6 mts, even though the weather was dry and sunny on that day.
Last edit: 11 years 11 months ago by Gordon.
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- Carol Devereux
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11 years 11 months ago #105043 by Carol Devereux
Replied by Carol Devereux on topic DLA Home visits
Good evening Jim
Was your point in the reply about the pain levels, were you asking me where we got the information from? if so our doctor has been very vigilant when monitoring John's pain and medication (he now has to take Zomorph slow modified 2 x 10mg twice a day backed up back Oramorph liquid 2 x 10mg/5ml up to 4 times a day should he need to do so) The Zomorph makes him also quite unstable but if he has to take the Oramorph in between times this just adds to his instability there was a point made by the home visit doctor which he stipulates that there is no reason why that reasonable steps taken by John he could better manage his condition and perhaps prevent trips and falls that come as a result of unstable left knee (for which he is on a waiting list for a Partial knee replacement) also the fact that to use the doctors own words "with due care and a suitable walking aid (he has to rely on a sturdy walking stick everytime he walks anywhere albeit indoors or outside) serious falls can be avoided, John also has a twisted pelvis and lower back problems as a result of walking out of kilter for over 10 years + and trying to take the pressure off the weak joints, when the doctor recorded in his report he stated that there was no muscle wastage or joint deformity which we believe is not case.
Kind regards in anticipation of any advice you can offer
Cornish Pysky
Was your point in the reply about the pain levels, were you asking me where we got the information from? if so our doctor has been very vigilant when monitoring John's pain and medication (he now has to take Zomorph slow modified 2 x 10mg twice a day backed up back Oramorph liquid 2 x 10mg/5ml up to 4 times a day should he need to do so) The Zomorph makes him also quite unstable but if he has to take the Oramorph in between times this just adds to his instability there was a point made by the home visit doctor which he stipulates that there is no reason why that reasonable steps taken by John he could better manage his condition and perhaps prevent trips and falls that come as a result of unstable left knee (for which he is on a waiting list for a Partial knee replacement) also the fact that to use the doctors own words "with due care and a suitable walking aid (he has to rely on a sturdy walking stick everytime he walks anywhere albeit indoors or outside) serious falls can be avoided, John also has a twisted pelvis and lower back problems as a result of walking out of kilter for over 10 years + and trying to take the pressure off the weak joints, when the doctor recorded in his report he stated that there was no muscle wastage or joint deformity which we believe is not case.
Kind regards in anticipation of any advice you can offer
Cornish Pysky
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11 years 11 months ago #105045 by Gordon
As the Decision was based on this report then you are most certainly entitled to refer to it.
With regard to the walking or any similar content on the report, you need to separate the factual element from any opinion derived.
So for example; the doctor may have factually recorded that your husband walked 6m, it is his opinion that he can then walk 200m. Their opinion counts as it is no doubt based on multiple assessments, however, it may be based on assumptions that were not evident at the appointment, or indeed they may have ignored information that someone else would have considered.
Again as an example; if your husband took significantly longer to walk the 6m than an average person would, they stumbled or stopped after 3m because of pain, then these would be arguments that their opinion on the 200m was not reasonable.
I am afraid that you need to approach each element of the medical report in this fashion.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA Home visits
Cornish Pysky wrote: Good evening Gordon
Thank you very much for your help in clarifiying information for us.
I take it then that we have the right to refer to this latest report as well,if they are able to use it.
I will have a look at the link to the FAQ section that you highlighted for me to see if there is any help for us with this issue.
I have another point that you maybe be able to help me with, in one of your printable documents about decision makers and how they are arrive at certain decisions, e.g when carrying out a walking assessment wherever possible these should be carried out not indoors but outside as it gives a truer reflection of a persons condition, as John's carried out indoors from the sofa to my dinning room table where the doctor was seated and back a distance of 6 mts, even though the weather was dry and sunny on that day.
As the Decision was based on this report then you are most certainly entitled to refer to it.
With regard to the walking or any similar content on the report, you need to separate the factual element from any opinion derived.
So for example; the doctor may have factually recorded that your husband walked 6m, it is his opinion that he can then walk 200m. Their opinion counts as it is no doubt based on multiple assessments, however, it may be based on assumptions that were not evident at the appointment, or indeed they may have ignored information that someone else would have considered.
Again as an example; if your husband took significantly longer to walk the 6m than an average person would, they stumbled or stopped after 3m because of pain, then these would be arguments that their opinion on the 200m was not reasonable.
I am afraid that you need to approach each element of the medical report in this fashion.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Carol Devereux
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